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Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Minnesota on
Q: My daughters father got custody of her by default 2 years ago when I missed a hearing and didn't have a lawyer.

She was 14 then. I had her since birth and she did very well with me, straight As in school, no trouble in school once, good friends and a good kid. Since she's declined in grades, gets in trouble at school, her dad has abused several women including myself, he treats her like he's a... View More

Robert Kane
Robert Kane
answered on Oct 14, 2024

It may be possible to get custody back though she will be 17 in a week. Of course, a judge will consider facts you haven't mentioned here. Will you have an attorney this time?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to file for a temporary change of Parental time
Nicholas P. Weiss
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answered on Oct 14, 2024

This would be a motion to modify parenting time. This is a very common motion, and many courts have self-help forms that you can use to file the motion yourself if you go to the court in-person.

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights and Juvenile Law for California on
Q: If my lawyers I had for my cases aren't on ur side and tells me to shut up and also lies to the judge on my behave then

Then what James can u please call me please I need ur help with these cases there about my children young children please

James L. Arrasmith
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answered on Oct 13, 2024

It sounds like you’re feeling frustrated with your current lawyers and the way they’ve handled your case. If your attorney is not representing you properly or is being disrespectful by telling you to "shut up," that is a serious issue. You have the right to have an attorney who... View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Q: Can my ex allow my child who is 13 to go do work without informing me or having some sort of papers to sign
Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

That would largely depend on your court-ordered parenting plan. Depending upon the nature of the employment, it may also be considered a significant activity impacting their health and/or welfare; most parenting plans would require both parents to agree to any such activity. The age for most jobs... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for California on
Q: Can an attorney help sue a police department for wrongful removal of a child and wrongful arrest?
James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're facing this situation. It's important to understand your rights and the steps you can take to address wrongful actions against you and your child.

First, document everything related to the removal and arrest. Keep records of all interactions, notices,...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: What are my Mom's rights when CPS took my kids from her?

I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for West Virginia on
Q: Hello, Thank you in advance for helping. CPS took my kids because my husband was emotionally and physically abusing us.

He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: If my child support case closed because the other parent said that was in Mexico? But it’s not in Mexico ? He is usa

Can I re open the case? If he is here in California ?

James L. Arrasmith
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answered on Oct 11, 2024

Yes, you can seek to reopen your child support case now that the other parent is in California. Since the previous closure was based on incorrect information about his location, presenting accurate details can help your case.

Start by gathering any evidence that shows the other parent...
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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
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2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: I was rewarded full legal custody via a DVRO that was granted in Ca. Last week. I also just filed for a divorce.

Can I move out of state with my child with a divorce going on. Does a dvro ruling supersede a divorce filing in CA.?

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 10, 2024

Maybe. But it's better not to take short cuts. File the appropriate request for order in your divorce case (request for full legal and physical custody with a request for a move away order). Your DVRO case is a related case and can and should be cited in your motion.

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1 Answer | Asked in Family Law and Child Custody for Illinois on
Q: How can new York give custody when there is a custody case filled here in Illinois between his mom and I

I didn't even know he was going out of state to see his sister and I get temporary custody papers in the mail...I go to court in New York to pick my son up and they wouldn't release him to me... Even though there were no allegations on me

Cheryl Powell
Cheryl Powell
answered on Oct 10, 2024

Is there a custody order in either state? This is a complicated matter that requires a phone call. I practice in Illinois but not in all counties in Illinois. It looks like you are from Paris, and if that is where your case is filed I would not be able to represent you. However, you need an... View More

1 Answer | Asked in Child Custody for Louisiana on
Q: I have child custody and it's not going to good

The father is not complying with court order

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 14, 2024

Not enough information is provided here however if you have an attorney, then please contact your attorney to discuss this. If you do not have an attorney then you may need to hire one or you need to file something with the court pro se and ask for the Court to take action against the father for... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Divorce for Rhode Island on
Q: I want to file for divorce in state of RI. What are my first steps. Doesn’t look like it will be an amicable divorce.

He is a narcissist

Albin Moser
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answered on Oct 30, 2024

There is a Guide and File portal on the Family Court section of the Rhode Island Judiciary's website. If you are trying to represent yourself then you can try to commence a case using the Guide and File and follow its instructions. Hiring a lawyer would be a good idea though.

1 Answer | Asked in Child Custody, Child Support and Family Law for Indiana on
Q: Child Custody court order question

I share custody of my child with someone who doesn't have a job or a car and owes thousands in custody payments. I've been picking up and dropping off my daughter for years. I'm being taken advantage off.

What’s on the court order is I have to make reasonable... View More

Eric Doyle
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answered on Oct 30, 2024

What is considered "reasonable" as defined in your Order on Child Support is going to be up to the interpretation of the Judge who issued that Order. For some, it may be considered reasonable to make such accommodations in the name of facilitating parent-child relationships, for others it... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a court ordered parenting agreement, my children’s father is threatening to keep them from me.

I have called the cops and they said they couldn’t do anything but make a report but I’m not sure what I need to do.

Nicholas P. Weiss
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answered on Oct 8, 2024

Police seldom get involved in withholding matters, even though they should. It is likely that you will need to file a motion with the court to hold him in contempt and modify parenting if he actually violates the parenting time order.

1 Answer | Asked in Child Custody and Family Law for Georgia on
Q: If my child’s father cut off all contact and visits with my child but brought a gun into my home can he gain visitation?

Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More

1 Answer | Asked in Child Custody, Civil Rights, Constitutional Law and Domestic Violence for Tennessee on
Q: My sister died I was informed by the police u knowingly my sister had passed the child was in my care

But the father has has lost parental rights in two occasions 2009 and 2011 from his still married wife but one of those children he knew wasn't his but the state took them all 4 but when I found out my sister was dead the police made me leave her with neighbor but because I wouldn't give... View More

James L. Arrasmith
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answered on Oct 6, 2024

I'm so sorry to hear about the loss of your sister and the difficulties you're facing right now. It sounds like you're going through an incredibly stressful and complex situation, especially with the care of your niece and the complications surrounding your mother's and... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Georgia on
Q: My grandson is in DFCS custody. When I called to find out what I needed to do to get guardianship,

They tell me that because I had a history with the department. I wasn't able to get him. Also my daughter refuses to allow me to do kinship, she is convinced i made the reports against her, which is false.

Nevertheless i did have multiple cases which eventually led to me loosing them... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Oct 17, 2024

This same website allows you to search for attorneys in a specific area and in areas of practice. This is a place to have questions answered. If you need an attorney you should use this site to locate one.

1 Answer | Asked in Child Custody and Family Law for Illinois on
Q: My son went to see his sister for a visit in New York without me knowing..I got emergency custody papers in the mail

I have my rights as a father and New York family Court has given custody of my minor son to his sister...I wanted to file kidnapping charges on her but the authorities won't help...my next court date is on the 10th and I'm not sure what I'm supposed to do to get my son back but... View More

Cheryl Powell
Cheryl Powell
answered on Oct 5, 2024

Your first order of business is to get a lawyer in NY to represent you. Do you have custody of the child in IL? If so, you need to get a certified copy of it and email it to your lawyer in ny.

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